Deepak vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 18 September, 2026
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Uploaded on: 19 September, 2026
# CNR No. DLHC010209082025
+ W.P.(C) 4812/2025 & CM APPL. 22089/2025
DEEPAK .....Petitioner
Through: Ms. Shivani Verma, Ms. Akanksha
Priya, Advs. for Mr. Kamlesh Kumar
Mishra, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS...Respondents
Through: Mrs. Shilpa Ohri, Adv. for MCD.
Ms. Tanvi Nigam, SPC for UOI with
Mr. Divyansh Nigam, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India, inter alia , seeking issuance of an appropriate writ
directing the Respondents to issue a Certificate of Vending (hereinafter,
‘CoV’ ) to the Petitioner. Further, the prayer of the Petitioner is to allow him
to vend peacefully at his designated spot i.e., Opposite to C-8, Gate No. 15,
near Indian Oil petrol pump near Dalit Ekta Camp, Vasant Kunj.
3. The Petitioner is a person who has 70% locomotor disability due to an
accident which he met in 2023. The Petitioner is stated to have been vending
in the Vasant Kunj area near Dalit Ekta Camp.
Signature Not Verified
W.P.(C) 4812/2025 Page 1 of 4
Digitally Signed
By:RAHUL
Signing Date:19.09.2026
18:37:35

4. The counter affidavit on behalf of the Municipal Corporation of Delhi
(hereinafter, ‘MCD’ ) states as under:
“9. That as per the record available with the
respondent department, the survey of the petitioner
namely Shri Deepak S/o Shri Siya Ram (Date of Birth:
02.05.1994) was conducted on 02.12.2021 and the
same was duly approved.
10. It is submitted that during the year 2021, the survey
of street vendors was being conducted through the
agencies M/s KASH IT Solutions and All India Institute
of Local Self Government (AIILSG) through their web
portal and the data relating to the survey was stored on
the server maintained by the said agencies.
However, due to certain administrative and technical
issues, the said agencies did not continue the survey
process of vendors and consequently the Certificate of
Vending (COV) could not be printed and issued despite
completion of the survey.
11. It is further submitted that presently another agency
namely Social Network India, having office at A-12/2,
First Floor, Saket, New Delhi - 110017, has been
engaged by CL&EC (HQ), MCD to conduct the survey
of vendors in Najafgarh Zone.
The case of the petitioner shall be covered in the
said survey and the Certificate of Vending shall be
issued to him in accordance with law, subject to
fulfillment of applicable terms and conditions and the
decision of the competent authority.
12. It is further submitted that a site inspection was
conducted by the officials of the respondent
corporation, and it has been found that the petitioner is
not vending at the location which he has claimed in the
present writ petition.”
5. The present position is that the Petitioner is not vending and the reasons
for the same are not clear. According to the MCD, the Petitioner cannot vend
Signature Not Verified
W.P.(C) 4812/2025 Page 2 of 4
Digitally Signed
By:RAHUL
Signing Date:19.09.2026
18:37:35

at his alleged designated site i.e., opposite to C-8, Gate No.15, Near Indian
Oil Petrol Pump, Near Dalit Ekta Camp, Vasant Kunj. However, it is a matter
of fact that elections of the Town Vending Committee-II (hereinafter, ‘TVC-
II’ ) are now completed and the TVC-II is likely to be constituted shortly. The
Petitioner is an approved vendor during the survey in 2021. In view of these
facts the Assistant Commissioner, MCD is directed to identify a site where
the Petitioner can vend in the Vasant Kunj area. The Petitioner would be
permitted to vend at the said site till the TVC-II takes a decision in respect of
the Petitioner’s CoV.
6. The Petitioner shall visit the office of the Assistant Commissioner,
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MCD, Najafgarh Zone on 30 September, 2026 at 11:30 A.M. The site shall
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be identified by the Assistant Commissioner by 10 October, 2026.
7. Further, considering that the Petitioner is a disabled person and was
operating a tea stall, he would be permitted to have a stationary tea stall.
8. For the time being, the Petitioner shall be bound by the conditions
which are imposed by this Court on vendors who are issued a CoV in the
category of ‘Food Snacks with gas cylinder/fire’ which are as under:
i) The Petitioner shall be permitted to operate his vend but shall use
a gas cylinder which does not occupy too much space. It is made clear
that only a small or medium sized gas cylinder for heating of food and
snacks shall be used by the Petitioner;
ii) The Petitioner shall restrict himself to a particular space, where
he is operating from, and shall not extend/encroach to the pedestrian
areas or cause obstruction in movement of pedestrians;
iii) The Petitioner shall also be obliged to maintain cleanliness and
hygiene around the vend, which he is working from and shall ensure
Signature Not Verified
W.P.(C) 4812/2025 Page 3 of 4
Digitally Signed
By:RAHUL
Signing Date:19.09.2026
18:37:35

the presence of a dustbin near the vend; and
iv) No permanent or temporary construction shall also be erected by
the Petitioner.
9. The above shall be subject to the decision of the TVC-II in respect of
both, the policy decision on disabled persons as also the credentials of the
Petitioner being verified by TVC-II.
10. The above stated directions shall be subject to any plan which the
Vending Committee-II may be coming up with in terms of Section 21 of the
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014 and no vested rights shall be claimed.
11. Petition is disposed of in these terms. All pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH, J.
VIKAS MAHAJAN, J.
SEPTEMBER 18, 2026
Rahul/ck
Signature Not Verified
W.P.(C) 4812/2025 Page 4 of 4
Digitally Signed
By:RAHUL
Signing Date:19.09.2026
18:37:35